20031231Order No 29405.pdf

Office of the Secretary
Service Date
December 31 , 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY
CASE NO. IPC-93-
Petitioner,
VS.
THE NEW VILLAGER CONDOMINIUM
ASSOCIATION, INc., A NON PROFIT IDAHO
CORPORATION AND ITS MEMBERS,
INDIVIDUALLY
Respondents.ORDER NO. 29405
This case was initiated in May 1993 by Idaho Power Company when it filed a request
for a declaratory ruling regarding its obligation to provide electrical service to two condominium
subdivisions located in Sun Valley, Idaho. Idaho Power initially installed underground
distribution lines and transformers to serve the Association starting in 1969, but in 1985 the
Company removed the underground transformers and installed above ground, pad mounted
transformers. The Company claimed the relocations were necessary for safety concerns and that
its easements allowed for relocation of the transformers above ground. The case languished at
the Commission while the parties appealed state District Court decisions to the Idaho Supreme
Court, and also pursued settlement discussions to resolve the dispute.
On September 25, 2003 , the Commission convened a pre-hearing conference during
which the parties informed the Commission of the status of settlement discussions, and also
determined a procedural schedule to complete the case to a hearing if necessary.The
Commission on October 23 , 2003 , issued a Procedural Order approving the schedule
recommended by the parties.
On December 19, 2003 , Idaho Power and New Villager Condominium Association
filed a Settlement Stipulation and a Petition for Approval of Settlement and Stay of Procedural
Schedule. In their Joint Petition, the parties indicate that the Settlement Agreement resolves their
dispute, pending completion of construction work in the spring or fall of 2004. The parties asked
ORDER NO. 29405
the Commission to approve their Settlement Agreement and also issue an order vacating the
procedural schedule.
Pursuant to Commission Rule of Procedure 274, the Commission "may summarily
accept settlement of an essentially private dispute that has no significant implications for
regulatory law or policy or for other utilities or customers upon the written request of the
affected parties.IDAPA 31.01.01.274.Pursuant to this rule, the Settlement Stipulation
between Idaho Power and New Villager Condominium Association may be summarily accepted
by the Commission, as the parties' dispute is essentially a private one that has no significant
implications for regulatory law or policy or for other utilities or customers. The Commission
accordingly issues this Order accepting the Settlement Stipulation of the parties and vacating the
procedural schedule previously established for this case.
ORDER
IT IS HEREBY ORDERED that the Settlement Stipulation filed by Idaho Power
Company and the New Villager Condominium Association, Inc., is accepted pursuant to
Commission Rules of Procedure 274. The procedural schedule adopted by the Commission in
Procedural Order No. 29366 is vacated. When the construction work contemplated by the
Settlement Stipulation is completed, the parties can notify the Commission, and this case will be
dismissed.
ORDER NO. 29405
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
-fl.,
day of December 2003.
~ 1j
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~tDJe D. Jewell
Commission Secretary
vld/O:IPCE9310 ws2
ORDER NO. 29405